Agreement to settle rape case is void, against public policy: Kerala High Court

An agreement between a complainant and accused to settle a rape case is void as it is opposed to public policy, the Kerala High Court recently held [Abdul Jaleel v State of Kerala & anr]..Justice A Badharudeen, therefore, declined to quash a rape case on the basis of an agreement to settle the matter between the victim and the rape accused. "Thus it is well settled law that any agreement or contract would be void for the reason that if its consideration is opposed to public policy. In the same manner, contract or agreement for withdrawing from prosecution is nothing but stifling the prosecution involving public offence and the same also is opposed to public policy," the Court said..The accused Abdul Jaleel, who was the Assistant Secretary of a Grama Panchayat, had allegedly raped the complainant, an employee there, on March 13 in 2016, when she had been called to the office for urgent work.Despite initial fear and hesitation, the complainant later sought medical help due to pain. Subsequently, the accused allegedly offered to marry her and on this promise continued to sexually abuse her.A criminal case was ultimately registered against the accused in 2018. Jaleel (54) challenged it before the High Court, arguing that he was falsely implicated in the case to extract money from him..He also submitted two agreements between him and the complainant to buttress his claim. It was further contended that even if sexual intercourse did occur, it was consensual.However, the prosecution argued that the case cannot be quashed only on the basis of the agreements..The Court said the incident of 2016 cannot prima facie be held to be consensual. "Therefore, this is a matter where trial is necessary so as to permit the prosecution to adduce evidence," it said..The Court also considered the legality of the agreements between the accused and complainant. "Having gone through Annexures A4 and A5 agreements placed to support the settlement in between the defacto complainant and the accused, the same are intended for stifling the prosecution in a serious offence of rape. Therefore, the same are illegal and cannot be considered as the sole basis to quash the proceedings," it said while dismissing the plea. .Advocates A Ranjith Narayanan and A Simi represented the accused. Public Prosecutor MP Prasanth appeared for the State.The complainant was represented by advocate KK Razia..[Read Judgment]